Definitions and Principals 3.1 Flashcards
The key is definitions and points to prove 3.1.1
“Motor Vehicle”, “Mechanically propelled vehicle”, etc.
Road Traffic Act 1988 = RTA
Sections 185 and 192 of the RTA 3.1.2
“Motor Vehicle”
“Driver”
“Road”
Other parts of the RTA and other legislation provides definitions of less frequently used definitions or specific instances
Vehicle? 3.1.3
Almost anything that is on wheels, even if being transported can be a vehicle.
Mechanically Propelled Vehicle? 3.1.4
MPV - Basically no specific definition BUT needs to have some form of motor… HOWEVER key is the fact that it has a ‘motor’ even if it does not have fuel, is not in good mechanical order, unless it can be demonstrated that the ‘engine’ has no chance of working or being replaced/repaired.
Prosecution bears the responsibility of proof
Motor Vehicle? 3.1.5
s185(1) RTA - a MPV ‘made or adapted’ for use on the road. Therefore if the original purpose of the vehicle was to be used on the road, then likelihood is that it IS a MV
This includes SEGWAYS
Additionally “hover boards” illegal on the ‘Roads’ and under s72 Highways Act 1835 illegal to ride on the ‘pavement’
If not intended for use on the ‘Road’ then not a MV (still is a MPV) this may affect insurance…
s189 states that Pedestrian Controlled vehicles, some types of grass cutters and electronically assisted pedal cycles are NOT MV
Driver? 3.1.6
s192(1) RTA states its”a person engaged in the driving of a vehicle”
Can be more than one driver - if passenger has 2 hands on wheel with ignition and handbrake in reach as well as the actual person in the drivers seat.
The ‘driver’ may still be so even if stopped, if the ‘journey’ has not been completed. Owner does not mean driver.
Drive and Driving? 3.1.7
Generally assumed to have some element of control in direction and speed. Held that pushing a vehicle with both feet on the ground, even with hand in the vehicle is ‘pushing’, one foot in the car to affect some kind of control, even if only to attempt, is driving.
Additionally, was there a deliberate attempt to set the vehicle in motion? If yes, but with no control is still driving.
IF a passenger grabs the wheel momentarily to avert an accident - NOT driving
Driving - where has control over vehicle but wheels spinning (ie no forward movement). Where some attempt made. Vehicle being towed and there is a person at the wheel to steer. Where the ‘driver’ of a moped used the vehicle by sitting on it an propelling it using feet.
Not Driving - sitting in the drivers seat but no ignition on. Where NO intention to drive, then not driving.
One of the key issues is; driving starts and then needs to terminate - when does that happen? How long is the break, does the driver leave the vehicle, etc.
Suspicion of driving, not sufficient
Attempting to Drive? 3.1.8
Opening the door not sufficient - however can do something that is impossible (drunk driver, not having keys BUT still attempts to insert keys into the ignition).
In charge? 3.1.9
Circumstances vary but - possession of keys? where and what defendant doing in relation to the vehicle? evidence or otherwise of intention.
Possible to be ‘in charge’ even if vehicle immobile
Road? 3.1.10
s192(1) “any highway and any other road which the public has access, and includes bridges over which a road passes.
Generally goes from one point to another - therefore NOT a car park (however there may be aspects of a car park that are a road, and whole that part of a car park may be determined to be a road, the other aspects of a car park are just a car park)
A vehicle partly on a road and partly on some privately owned land, considered on the road
Public Access 3.1.11
Generally applies to “where public have access”
Use, Cause or Permit? 3.1.12
CPS advice to be sought if doubt, re charging
Use 3.1.12.1
Use - restricted to the driver, or the drivers employer
If a driver of a vehicle is doing so in the ordinary course of the employers business, the employer is using the vehicle
Prove - employer owns vehicle, at the relevant time employed by defendant and driving in the ordinary course of business
Not relevant that employer had not specifically authorised in such a way
Where a garage loans a vehicle to customer, not using
Even if parked is still used
Includes trailers
Passengers using? 3.1.12.2
If a passenger is in a vehicle for their own benefit, then they are using the vehicle
Cause? 3.1.12.3
Requires positive action and knowledge
ie done some action/failed to act AND knew
Wilful blindness by employer of employee unlawful actions is not enough to amount to cause
